KWAKU ATUAHENE-GIMA v. DAMON DRUMMOND

KWAKU ATUAHENE-GIMA v. DAMON DRUMMOND

The stay of execution was lifted because the judgment debtor's financial position had materially improved since the stay was granted, as shown by payments of $150,000 into court as security for costs and about $70,000 for the transcript (totaling approximately $220,000), and because the judgment creditor was employed and any payments could be recovered if the appeal succeeded.

Citation
KWAKU ATUAHENE-GIMA v. DAMON DRUMMOND
Parties
Plaintiff (hca13924/1997); Defendant (hca5429/1998): Damon Drummond; Defendant (hca13924/1997); Plaintiff (hca5429/1998): Kwaku Atuahene Gima
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 November 2000
Case Number
HCA5429/1998
Procedural Posture
Civil Action; Stay of Execution Pending Appeal / Post Judgment Application to Lift Stay of Execution Pending Appeal
Outcome
Stay of execution lifted
Legal Topics
Stay of Execution, Security for Costs, Change of Circumstances, Payment Into Court
Source Language
EN
Civil Procedure Enforcement of Judgment Appeals Stay of Execution Security for Costs Change of Circumstances Payment Into Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Damon Drummond

Plaintiff (hca13924/1997); Defendant (hca5429/1998)

Kwaku Atuahene Gima

Defendant (hca13924/1997); Plaintiff (hca5429/1998)

Procedural Posture

Civil Action; Stay of Execution Pending Appeal / Post Judgment Application to Lift Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the previously granted stay of execution should be lifted
  2. 2 Whether a change in the judgment debtor's financial circumstances justifies lifting the stay
  3. 3 Whether payments into court and security for costs demonstrate ability to satisfy the judgment

Ratio Decidendi

The stay of execution was lifted because the judgment debtor's financial position had materially improved since the stay was granted, as shown by payments of $150,000 into court as security for costs and about $70,000 for the transcript (totaling approximately $220,000), and because the judgment creditor was employed and any payments could be recovered if the appeal succeeded.

Court Disposition

Stay of execution lifted

Orders

  • The stay of execution of the judgment is lifted